HKSAR v. Chong Mo Pan

DCCC222/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 222 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an amended charge of possession of dangerous drugs, contrary to Sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the facts, and I convicted you.

2.The facts were as follows.  On 18 December of last year, at about 8.32 pm, two police officers patrolling a staircase near Room 1313, 13th Floor, Sincere House, Argyle Street, Mongkok, saw you walking down the staircase acting furtively.  They intercepted you and revealed their police identification.  You rushed down the stairs but were subdued after a struggle.

3.A search revealed from your left front jeans pocket a packet of suspected dangerous drugs.  Upon arrest and caution you replied, “Ah Sir, this packet of ‘K Chai’ is for my own consumption.”  You said you had been there to consume the “K Chai”.  Later analysis revealed the packet had contained 27.61 grammes of powder containing 17.16 grammes of ketamine.  The street value of that is estimated at some $3,313.

4.You admitted to eight previous convictions, three of which were drug related.  The charge had been one of possession of dangerous drugs.  I adjourned the case for preparation of a DATC report.  That report is before me now, and I understand it is accepted by you.  That report recommends the making of a DATC order.  On your behalf Mr Woon has informed me that you agree with the contents of the report, you agree and accept the recommendation of the DATC report.

5.For my part, I note that the amount of drugs is quite high, 17 grammes, you have previous convictions related to drugs, and you are no stranger to the DATC having been there on three previous occasions.  However, the last occasion was some seven years ago.  You have expressed some resolve to sort out your problems.  I have therefore decided to err, if err I do, on the side of mercy.  Therefore I will go along with the recommendation.  I make a DATC order the conviction is recorded.